Hughes v. Zoning Board of Appeals

OPINION OF THE COURT

John W. Grow, J.

The issue presented in this CPLR article 78 proceeding is whether the operation of a funeral home in a R-2 residential zone in the Village of Waterville (Village) constitutes a customary home occupation within the meaning of the Village’s zoning ordinance (ordinance).

BACKGROUND

Respondent Thomas Pavlot (Pavlot) purchased a single-family dwelling in the Village’s R-2 zone and then applied to the Zoning Board of Appeals (ZBA) seeking an interpretation that the zone permits the operation of his funeral business as a customary home occupation. Interpretation of…